Venkaiah Naidu rejects impeachment notice against CJI Dipak Misra

24 April, 2018, 05:02 | Author: Kim Reid
  • India Dipak Misra

Following extensive consultations with legal and constitutional experts, Naidu on Monday rejected the notice given by the Opposition parties for impeachment of CJI Dipak Misra citing lack of substantial merit in it.

The Congress is likely to move the Supreme Court against the order of the Rajya Sabha chairman in the matter, party sources said.

"We will certainly file a petition (in Supreme Court) against this and would want the CJI to not take any decision with respect to it, be it the listing or anything else", he said, adding, "We will accept whatever the SC decides".

The Rajya Sabha Chairman refused to admit the impeachment motion saying this was to prevent the confidence of the common man in the institution of judiciary and the democratic set up of this nation from being shaken. The parties had briefed the media after handing over the notice to the Upper House chairman.

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The order said the conversation between third parties with dubious credentials can not themselves constitute material evidence against CJI.

The MPs are from Congress, NCP, CPM, CPI, SP, BSP and Muslim League. Venkaiah Naidu returned back Sunday afternoon and rejected the proposal of Congress which had the notice signed by 60 Parliamentarians.

He said that the vice president took the decision after due consideration.

Senior advocate & Congress leader Kapil Sibal calls Vice-President's decision "hasty and illegal", clarifies that he won't appear in any case before CJI Misra.

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Leaders of the opposition parties had on Friday met Naidu and handed over the notice of impeachment against the CJI bearing signatures of 64 MPs and seven former members, who recently retired. The same does not constitute prove "beyond reasonable doubt", which is required to make out a case of "proved misbehaviour" under Article 124 (4).

"Never before in the history of India an impeachment motion moved by the members of Parliament has been dismissed at the preliminary stage".

"While taking a decision in the admission of such a notice against one of the senior most constitutional functionaries of the country, one should examine all the factors very carefully and dispassionately, because initiation of such proceedings tends to undermine the faith of the common person in the judicial system. This is truly a fight between forces "Rejecting Democracy" & voices "Rescuing Democracy", tweeted Surjewala. "He only has to see if it's signed by [more than] 50 MPs and possibly if charges are of misbehaviour".

Allegations non-specific in nature: VP Independent experts like K Parasaran, who served as attorney general in Congress regimes, and others also supported swift rejection of the motion seeking the CJI's removal. He said that with the impeachment motion, the Congress has tried to malign the image of judiciary.

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Politicians from India's two biggest parties have clashed over allegations against Chief Justice Dipak Misra, who is accused by opponents of a range of transgressions including illegally acquiring government land and corruption.

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